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To meet scheduling needs at either the July or the February examination, the Board may require a petitioner to defer re-examination for one setting. (d) Three or More Failures - Re-examination Conditional If a person fails three or more examinations, the Board may condition retaking of the examination on the successful completion of specified additional study. (e) No Refunds If a petitioner withdraws the petition or fails to attend and take the examination, the examination fee will not be refunded and may not be applied to a subsequent examination unless the petitioner is required by the Board to defer retaking the examination or establishes good cause for the withdrawal or failure to attend. Source: This Rule is derived as follows: Sections (a) and (b) are is derived from former Rule 8 a. Section (b) is new. Sections (c) and (d) are derived from former Rule 8 c. REPORTER’S NOTE See the Reporter’s Note to the proposed amendment to Rule 6 of the Rules Governing Admission to the Bar of Maryland. -322-
MARYLAND RULES OF PROCEDURE TITLE 1 - GENERAL PROVISIONS CHAPTER 200 - CONSTRUCTION, INTERPRETATION, AND DEFINITIONS AMEND Rule 1-201 to change the source note to reflect the corresponding federal rule as of the date of adoption of the Maryland Rule, as follows: Rule 1-201. RULES OF CONSTRUCTION . . . Source: This Rule is derived as follows: Section (a) is in part consistent with FRCP 1 the 1966 version of Fed. R. Civ. P. 1 and is derived from former Rule 701. The last two sentences are new. Section (b) is derived from former Rule 1 h and i. Section (c) is derived from former Rules 1 g and 701. Section (d) is derived from former Rule 2 c. Section (e) is derived from former Rule 2 b. REPORTER’S NOTE The amendments to Rules 1-201, 1-202, 1-203, 1-204, 1-301, 1-311, 1-321, 1-404, 2-112, 2-121, 2-126, 2-201, 2-211, 2-212, 2-213, 2-214, 2-221, 2-241, 2-301, 2-302, 2-303, 2-304,2-305, 2-322, 2-323, 2-324, 2-325, 2-403, 2-404, 2-414, 2-418, 2-433, 2-506, 2-510, 2-511, 2-519, 2-520, 2-522, 2-532, 2-533, 2-534, 2-535, 2-601, 2-602, 2-613, 2-632, 2-648, 3-112, 3-121, 3-126, 3-201, 3-211, 3-212, 3-213, 3-214 3-241, 3-301, 3-302, 3-303, 3-305, 3-506, 3-510, 3-519, 3-533, 3-534, 3-535, 3-601, 3-602, 3-632, 3-648, 15-504, and 15-505 are proposed to clarify the source of Maryland Rules that are derived from or otherwise based on federal rules. Because some federal rules have been renumbered, the source notes to some Maryland Rules no longer are accurate. By adding to the source note the date of the version of the federal rule that corresponds to the Maryland Rule, the source notes are made historically accurate. -323-
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STANDING COMMITTEE ON RULES OF PRAC
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July 30, 2003 ONE HUNDRED FIFTY-SEC
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P. 26 (a)(3). New Committee notes p
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In Category Eleven are a proposed a
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For the guidance of the Court and t
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(c) After Dismissal by the District
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MARYLAND RULES OF PROCEDURE TITLE 3
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has jurisdiction for the purposes o
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whether a transfer will result in u
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action was not entitled to be trans
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notice of intention to defend or ot
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individual members of the class tha
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or complication in the presentation
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REPORTER’S NOTE The Rules Committ
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compromise shall be given to stockh
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contended that there is a genuine d
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When a ruling upon on a motion for
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motions. Cross reference: Rule 2-31
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of any insurance agreement under wh
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written report made by the expert c
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Subsection (f)(1) is derived in par
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allowed. The transcript may then be
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transcript was not signed and retur
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was present or represented at the t
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REPORTER’S NOTE The proposed dele
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decisions made at the conference. T
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REPORTER’S NOTE The proposed amen
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MARYLAND RULES OF PROCEDURE APPENDI
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REPORTER'S NOTE The proposed amendm
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may direct that prospective jurors
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one peremptory challenge for each g
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(c) Jury List Before the examinatio
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(g) (h) Designation of List of Qual
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The court shall appoint at least tw
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Proposed amendments to Rules 2-521
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to writing may be taken into the ju
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(c) "Verdict" Defined For purposes
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process is not made and the summons
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and time for trial of the action. W
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sufficient to allow the plaintiff t
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(5) A defendant who is served with
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Rule 4-216. PRETRIAL RELEASE (a) In
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Article, §5-202 (b), (c), (d), or
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or the alleged victim’s premises
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Recommendation of the Rules Committ
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commissioner's pretrial release det
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REPORTER’S NOTE The Pretrial Rele
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under subsection (e)(4)(B). A third
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copy of the notice shall be furnish
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REPORTER’S NOTE In his June 21, 2
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"Information" means a charging docu
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With the addition of the definition
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opportunity for hearing, may requir
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emoval shall designate the county t
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certain circumstances. (f) Allocuti
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(2) District Court Upon the entry o
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ond hereby secured remains undischa
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REPORTER’S NOTE The proposed amen
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disposition or a General Waiver and
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imprisonment; and I am not now a de
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company, unincorporated association
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_____________________________ _____
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personal representative and consent
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_______________________________ ___
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contents of the foregoing schedule
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writing, shall set forth the relief
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in the presence of the Register of
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otherwise delivers to the creditor
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Date: __________________ __________
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following form: [CAPTION] NOTICE OF
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3. I acknowledge that I must file a
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Modified Administration, the person
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Inventory and Account, as required,
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FINAL REPORT UNDER MODIFIED ADMINIS
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ATTACH ADDITIONAL SCHEDULES AS NEED
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which qualify the personal represen
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CONSENT TO EXTEND TIME TO FILE FINA
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equired for trial or any other proc
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REPORTER’S NOTE The Rules Committ
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the briefs filed. (6) Any motion fo
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pages in length. Within ten days af
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the Court of Appeals shall certify,
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proceedings; or (3) in a criminal c
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appellee's brief together with a st
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included in all copies of the recor
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appellant/cross-appellee shall file
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include the circuit court docket en
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(c) Covers color: A brief shall hav
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espect to the case, including an or
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numbered, indicating the legal prop
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Cross reference: Code, Estates and
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Source: This Rule is derived as fol
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nature, extent, and probable durati
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prior to July 1, 2001, but the fact
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production to the court upon the re
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follows: MARYLAND RULES OF PROCEDUR
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Proof of service and mailing shall
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Proof of service and mailing shall
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9 malicious destruction of property
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peace order” or a “final peace
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circulation in the county in which
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an affidavit (A) that the person ha
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Additionally, the amendments requir
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things, it will prevent the practic
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injuries. Identify all persons with
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